미국과 EU의 특별시장상황(PMS) 적용에 대한 우리나라의 대응방안

Abstract

Purpose: As the deadline for expiration of China's non-market economic status has arrived, the US antidumping regulations have been revised and analyzed in the case of PMS regulation and case analysis and EU anti-dumping regulations. The purpose of this research is to provide preemptive responses by suggesting measures that can be taken from the viewpoint of the complainant and the government. Composition/Logic: This paper is composed of 5 chapters. Chapter 1 describes the background and purpose of the study as an introduction. Chapter 2 analyzes the background and contents of the revision of the special market situation in the US (PMS) Of the antidumping rules of market distortions in the market. Chapter 4 explored the countermeasures of Korea when applying PMS and suggested the implications in Chapter 5. Findings: The United States has been criticized by the international community for its arbitrary enforcement of trade remedy measures using 'AFA' and 'PMS', and it is also necessary for Korea to take a stronger position in terms of the victims. The EU is also looking for ways to take similar remedies by introducing the concept of "serious distortion" as a precautionary measure against the possibility of expiring NME status in China. It is not yet clear how this approach will apply to existing market economies, but it is not possible to exclude the possibility of applying them to market economies in a manner similar to the dumping margin calculation method for non-market economies. Originality/Value: At the time when the likelihood that the US and EU trade remedies will be taken arbitrarily is increasing, the amendments and application cases of the US and EU systems that specifically specify PMS in domestic law are analyzed, When applying PMS and AFA, Korea has differentiated by suggesting countermeasures.